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DE RUEHFR #1640/01 3381320
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R 041320Z DEC 09
FM USMISSION UNESCO PARIS FR
TO RUEHC/SECSTATE WASHDC
INFO RUCNSCO/UNESCO COLLECTIVE

UNCLAS SECTION 01 OF 02 PARIS FR 001640 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: SCUL AORC UNESCO PREL
 
SUBJECT: SECOND MEETING OF STATES PARTIES TO THE CONVENTION ON THE 
PROTECTION OF UNDERWATER CULTURAL HERITAGE 
 
REF: STATE 122683 
 
¶1.  SUMMARY:  THE STATES PARTIES TO THE CONVENTION ON THE PROTECTION 
OF UNDERWATER CULTURAL HERITAGE (CONVENTION) MET DECEMBER 1-2 AT 
UNESCO HEADQUARTERS.  THE PARTIES ELECTED A SCIENTIFIC AND TECHNICAL 
ADVISORY BODY, DECIDED TO SET UP AN "UNDERWATER CULTURAL HERITAGE 
FUND", AND ESTABLISHED A WORKING GROUP TO REVISE THE DRAFT 
OPERATIONAL GUIDELINES FOR IMPLEMENTATION OF THE CONVENTION. 
ARGENTINA, FRANCE, IRELAND, ITALY AND JAMAICA INDICATED THAT THEY 
ARE TAKING STEPS TO MOVE FORWARD WITH RATIFICATION OF THE 
CONVENTION. THE NEXT MEETING OF STATES PARTIES WILL TAKE PLACE IN 
¶2011. END SUMMARY. 
 
¶2.  IN 2001, THE UNESCO GENERAL CONFERENCE ADOPTED THE CONVENTION, 
WHICH AIMS TO IMPROVE PROTECTION OF WRECKS, ARCHAEOLOGICAL SITES, 
DECORATED CAVES AND OTHER UNDERWATER CULTURAL REMAINS. THE TREATY 
ENTERED INTO FORCE ON JANUARY 2,2009 AND CURRENTLY HAS 27 STATES 
PARTIES (ALBANIA, BARBADOS, BOSNIA-HERZEGOVINA, BULGARIA,CAMBODIA, 
CROATIA, CUBA, ECUADOR, GRENADA, HAITI, IRAN, LIBYA, LEBANON, 
MEXICO, MONTENEGRO, NIGERIA, PANAMA, PARAGUAY, PORTUGAL, ROMANIA, 
ST. LUCIA, SPAIN, SLOVAKIA, SLOVENIA, SPAIN,TUNISIA, AND UKRAINE). 
DURING THE COURSE OF THE MEETING, THE REPRESENTATIVES OF ARGENTINA 
AND ITALY SAID THAT THEIR GOVERNMENTS HAD RECENTLY ADOPTED 
IMPLEMENTING LEGISLATION AND THEY WERE NOW LEGALLY ABLE TO PROCEED 
WITH RATIFICATION OF THE CONVENTION.  ITALY SAID THAT RATIFICATION 
SHOULD TAKE PLACE WITHIN WEEKS.  FRANCE REPORTED THAT THE 
RATIFICATION PROCESS HAS BEGUN AND THEY EXPECT TO RATIFY THE 
CONVENTION WITHIN A FEW MONTHS.  IRELAND SAID THAT IT IS WORKING ON 
DOMESTIC LEGISLATION AND JAMAICA SAID THAT THE PROPOSAL TO RATIFY IS 
UNDER CONSIDERATION AT THE HIGHEST LEVEL OF GOVERNMENT. 
 
¶3.  THE UNITED STATES PARTICIPATED AS AN OBSERVER, AS DID 
AZERBIJAN,CANADA, CZECH REPUBLIC, CHINA, DENMARK,EGYPT, FRANCE, 
GERMANY,GREECE,INDIA, IRELAND, ITALY,JAMAICA, JAPAN,NAMIBIA, 
NETHERLANDS, POLAND,PHILIPPINES,RUSSIA,SOUTH AFRICA, SRI LANKA,AND 
SUDAN. NOTABLY, THE UNITED KINGDOM DID NOT SEND A REPRESENTATIVE, 
ALTHOUGH THERE WERE AT LEAST TWO UK BASED NGO'S AMONG THE 
OBSERVERS. 
 
¶4.  THE STATES PARTIES ELECTED JASEN MESIC (CROATIA) AS CHAIRMAN. 
VICE-PRESIDENTS WERE REPRESENTATIVES OF IRAN, LEBANON, AND SPAIN. 
MEXICO WAS THE RAPPORTEUR. 
 
¶5.  AT THEIR FIRST SESSION, THE STATES PARTIES ADOPTED THE STATUTE 
FOR A SCIENTIFIC AND TECHNICAL ADVISORY BODY.  THEY HAD BEEN ASKED 
TO NOMINATE EXPERTS TO FILL TWELVE SEATS.  ELEVEN NOMINATIONS WERE 
RECEIVED AND EXPERTS, WHO WILL REPRESENT THEIR STATES, WERE ELECTED, 
WITHOUT A VOTE, FROM BULGARIA, CROATIA, IRAN, LITHUANIA, MEXICO, 
PANAMA, PORTUGAL, SAINT LUCIA, SLOVENIA, SPAIN, AND UKRAINE.  SPAIN 
OFFERED TO HOST THE FIRST MEETING OF THIS GROUP IN CARTEGENA SPAIN 
IN APRIL 2010. 
 
¶6.  THE STATES PARTIES ALSO DECIDED TO ESTABLISH THE "UNDERWATER 
CULTURAL HERITAGE FUND" IN ORDER TO FACILITATE FINANCING OF 
ACTIVITIES RELATED TO THE PROTECTION OF UNDERWATER CULTURAL 
HERITAGE. 
 
¶7.  THE MEETING HAD BEFORE IT FOR CONSIDERATION A DRAFT OF THE 
"OPERATIONAL GUIDELINES FOR IMPLEMENTATION OF THE CONVENTION", WHICH 
HAD BEEN PREPARED BY THE SECRETARIAT. THE DISCUSSION OF THE 
GUIDELINES INDICATED A LACK OF SATISFACTION WITH THE DRAFT. 
PRELIMINARY COMMENTS BY STATES PARTIES AND OBSERVERS REPEATED MANY 
OF THE POINTS IN THE U.S. STATEMENT (REFTEL), IN PARTICULAR THAT THE 
GUIDELINES SHOULD BE OPERATIONAL AND NOT QUOTE/MISQUOTE OR INTERPRET 
THE CONVENTION. SEVERAL NOTED CONFLICTS WITH THE CONVENTION AND 
PROVISIONS WHICH WENT BEYOND ITS TERMS. RUSSIA AND GREECE FOUND 
FAULT WITH THE FIRST FOOTNOTE.  THE IDEA OF A PUBLIC DATABASE ALSO 
PROVED TO BE QUITE CONTROVERSIAL.  ST. LUCIA SAID THAT IT SHOULD NOT 
REPLACE THE REPORTING MECHANISM OF THE CONVENTION AND THE MEXICAN 
REPRESENTATIVE VOICED CONCERN ABOUT MAKING THIS DATA PUBLIC AND THUS 
PROVIDING THOSE WHO WOULD PLUNDER WITH VALUABLE INFORMATION.  THE 
DELEGATE OF SPAIN CONCLUDED THAT THE DATABASE WOULD BE A KEY ISSUE 
FOR DECISION BY STATES PARTIES. 
 
¶8.  CHINA NOTED CONCERNS ABOUT THE GUIDELINES AND ASKED FOR 
CLARIFICATION WITH REGARD TO ARTICLE 25 OF THE CONVENTION AND THE 
PROVISIONS OF THE GUIDELINES ON RESERVATIONS.  THEY VOICED "GREAT 
MISGIVINGS" CONCERNING THE COMPULSORY SETTLEMENT OF DISPUTES 
PROCEDURE.  CHINA SAID THAT THE DISPUTE SETTLEMENT PROVISIONS SHOULD 
NOT BE BINDING.  THEY ASKED SPECIFICALLY: 1. IF CHINA RATIFIES, 
WOULD IT BE POSSIBLE TO PRECLUDE BINDING DISPUTE SETTLEMENT?  2. 
WOULD CHINA'S DECLARATION WITH REGARD TO THE UN CONVENTION ON THE 
LAW OF THE SEA BE VALID FOR THIS TREATY OR WOULD ANOTHER BE NEEDED? 
NO VIEW WAS EXPRESSED BY THE SECRETARIAT OR THE STATES PARTIES ON 
THESE QUERIES. 
 
¶9.  FOLLOWING THIS PRELIMINARY EXCHANGE OF VIEWS, THE REPRESENTATIVE 
OF SPAIN SUGGESTED THAT A SMALL WORKING GROUP BE FORMED TO REDRAFT 
THE GUIDELINES.  HE SAID THAT THIS WORK COULD BE DONE ELECTRONICALLY 
BY EMAIL COMMUNICATIONS AMONG THE WORKING GROUP MEMBERS. AFTER 
FURTHER DISCUSSION THE STATES PARTIES DECIDED TO SET UP A WORKING 
 
PARIS 00001640  002 OF 002 
 
 
GROUP COMPOSED OF: BULGARIA, CAMBODIA, CROATIA, ECUADOR, GRENADA, 
IRAN, LEBANON, MEXICO, NIGERIA, PORTUGAL, ROMANIA, ST. LUCIA, SPAIN 
AND UKRAINE. LEBANON WILL CHAIR THE GROUP. IT WAS ALSO DECIDED THAT 
IN ADDITION TO THE WORK DONE BY EMAIL, THE WORKING GROUP WOULD HOLD 
A MEETING AT UNESCO HEADQUARTERS DURING 2010 (OPEN TO OBSERVERS) AND 
REPORT PROGRESS TO THE NEXT MEETING OF STATES PARTIES WHICH WILL BE 
HELD DURING THE FIRST HALF OF 2011. 
 
KILLION